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This is the version of this Act as it was from 27 November 1998 to 26 April 2004. Read the latest available version.
South Africa
Witness Protection Act, 1998
Act 112 of 1998
- Published in Government Gazette 19523 on 27 November 1998
- Assented to on 19 November 1998
- There are multiple commencements
- [This is the version of this document as it was from 27 November 1998 to 26 April 2004.]
Provisions | Status |
---|---|
Section 1–5, section 7–19, section 21–26 | commenced on 31 March 2000 by Proclamation R16 of 2000. |
Section 6, section 20 | not yet commenced. |
1. Definitions
2. Establishment of Office for Witness Protection
3. Director and members of Office
4. Powers, functions and duties of Director
5. Witness protection officers
6. Security officers
7. Application for protection
8. Temporary protection
9. Reports by witness protection officer
10. Consideration of application for protection
11. Protection agreement
12. Protection of minor
13. Discharge from protection
14. Review by Minister
Any person who feels aggrieved by any decision of or steps taken by the Director or any person acting on behalf of the Director under a provision of this Act, may within the prescribed period and in the prescribed manner, apply to the Minister to review the decision or steps concerned.15. Civil proceedings in which protected person is a party or witness
16. Access to minor under protection
If a judge of a High Court in an ex parte application, made to him or her in chambers by the Director, is satisfied that the safety of a minor who is under protection might be endangered by the exercising by anyone of his or her right of access to that minor, the judge may suspend such right of access or make any order he or she deems appropriate with regard to the exercising of such right in a manner aimed at—17. Confidentiality and disclosure of information
18. Publication of information concerning protected person
Notwithstanding any other law, the presiding officer—19. Protected person not obliged to disclose certain information
Notwithstanding any other law, no protected person—20. Donations, bequests and contributions for witness protection
21. Agreements with international bodies, institutions, organisations or foreign countries
22. Offences and penalties
23. Regulations
24. Repeal of section 185A of Act 51 of 1977, as inserted by section 4 of Act 135 of 1991
25. Insertion of section 191A into Act 51 of 1977
The following section is hereby inserted into the Criminal Procedure Act, 1977:26. Short title and commencement
This Act shall be called the Witness Protection Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.History of this document
09 August 2015 amendment not yet applied
29 July 2013 amendment not yet applied
01 April 2012 amendment not yet applied
16 December 2007 amendment not yet applied
27 April 2004
31 March 2000
Commenced by
Witness Protection Act, 1998: Commencement
27 November 1998 this version
19 November 1998
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Witness Protection Regulations, 1992 | Government Notice R2204 of 1992 |
Cited documents 6
Legislation 6
Documents citing this one 22
Gazette 17
- South Africa Government Gazette Regulation Gazette dated 2000-03-31 number 21039
- South Africa Government Gazette Regulation Gazette dated 2001-07-20 number 22469
- South Africa Government Gazette Regulation Gazette dated 2014-02-26 number 37373
- South Africa Government Gazette dated 2003-02-10 number 24344 part 1
- South Africa Government Gazette dated 2003-02-18 number 24415
- South Africa Government Gazette dated 2003-02-24 number 24649
- South Africa Government Gazette dated 2003-02-28 number 24662
- South Africa Government Gazette dated 2003-02-28 number 24663
- South Africa Government Gazette dated 2003-03-03 number 24665
- South Africa Government Gazette dated 2003-03-03 number 24668
- South Africa Government Gazette dated 2004-04-28 number 26311
- South Africa Government Gazette dated 2008-06-05 number 31126
- South Africa Government Gazette dated 2011-05-16 number 34298
- South Africa Government Gazette dated 2012-05-15 number 35346
- South Africa Government Gazette dated 2013-07-29 number 36715
- South Africa Government Gazette dated 2018-10-12 number 41970 part 1
- South Africa Government Gazette dated 2023-11-14 number 49717
Judgment 2
- Lekolwane and Another v Minister of Justice [2006] ZACC 19 (23 November 2006)
- Minister of Home Affairs v Ruta (30 of 2017) [2017] ZASCA 186 (13 December 2017)